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1.The following amounts, among the parts concerning the principal lawsuit of the judgment of the court of first instance, exceed the amount ordered to be paid:
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Facts of recognition;
A. The Plaintiff is a company engaging in the manufacture and sale of hot water boilers, etc., and the Defendant is a designer of circuit board, etc.
B. Around August 2012, the Plaintiff entered into a contract with the Defendant on the supply of goods with the terms and conditions that the circuit board, etc. used in the hot boiler or electronic equipment from the Defendant be supplied to the Defendant and pay the price for the goods to the Defendant (hereinafter “instant contract”).
C. The Plaintiff paid 153,324,410 won in total to the Defendant from August 2012 to January 2014 under the instant contract. The Defendant designed and produced circuit board, etc. equivalent to KRW 147,381,410 (excluding the price for returned goods and value added tax) to the Plaintiff.
【Ground of recognition】 The fact that there is no dispute, Gap’s 4, 7, 9 through 13, Eul’s 6, 7, and 14 (including the number of each class; hereinafter the same shall apply), and the purport of the whole pleadings
2. According to the above facts of the judgment on the principal lawsuit, the defendant is obligated to return 5,943,00 won (=153,324,410 won - 147,381,410 won - 153,324,410 won - 147,381,410 won from the plaintiff).
In addition to the above amount of KRW 153,324,410, the Plaintiff paid KRW 3,000 to the Defendant on January 28, 2013, separately from the above amount of KRW 153,324,410, the Plaintiff paid KRW 3,000 to the Defendant (i.e., KRW 3,000 x 100 x 100) but received only five million out of the above amount from the Defendant. Thus, the Defendant asserted to the effect that the Plaintiff was liable to return to the Plaintiff the above amount of KRW 1,50,000 (= KRW 3,000 x 50 x 500). However, there is no evidence to acknowledge that the Plaintiff paid KRW 3,00,00 to the Defendant as the price for the goods of KRW 1,00,000, compared to the above amount of KRW 153,324,410.